Silicon Valley Immigration Lawyer Blog

In the past, this blog has advised Silicon Valley employers to prepare for surprise visits by the USCIS Fraud Detection Unit regarding their H-1B petitions. This advice applies to all employers. While most employers who sponsor a foreign national on an H-1B, L-1, or other employment visa go to great lengths to comply with the immigration laws governing these programs, employers going about their daily business simply do not expect a surprise visit from the USCIS, so should they should have a basic plan in place. Now, employers should also be prepared for a phone call from the U.S. Department of State.

Once an employment-based petition (such as an H-1B or an L-1) has been approved, it is forwarded to the U.S. Department of State's Kentucky Consular Center. The Kentucky Consular Center verifies information about the petitioning company, relying on Google Earth, the company's own website and contact information, and probably from other sources as well.

Now, in addition to verifying the petitioning company, the Kentucky Consular Center may also verify information about the foreign national employee and the offer of employment. They will do this by making surprise phone calls to the petitioners, and asking questions about the company, the offer of employment, and the employee. The caller may request to speak to an authorized official. They will then ask a series of questions verifying certain information contained in the approved nonimmigrant visa petitions.

These questions could include, but are not limited to:

1. Whether the petitioner, in fact, submitted the petition;

2. When was the petitioner incorporated;

3. Where was the physical location of the petitioner;

4. Number of employees;

5. Names of shareholders;

6. Location of Attorney of Record;

7. General information regarding the petitioner's operations and business plan.

Preparing for a Phone Call
First of all, unless a business is involved with government contracts or regularly deals with U.S. government agencies, most employers may not know what to make of their receptionist telling them that a representative from the U.S. Department of State is on the line. All employers, of all sizes, that submit nonimmigrant visa petitions should know that it is possible to receive a phone call from the U.S. Department of State.

Continue reading "Silicon Valley H-1B and L-1 Employers Should Prepare for Phone Calls from U.S. Department of State" »

A new law raises immigration filing fees, to the point that an employer wanting to petition a foreign national for an H-1B could pay as high as $5320 just in USCIS fees, while an employer wanting to petition for an L-1 could pay as high as $4070 in USCIS fees.

The new fees apply if all of the following criteria are met:

If an employer

1. employs at least 50 employees in the U.S. , and


2. if at least 50% of those employees are in H-1B, L-1A, L-1B, or L-2 status, and


3. it is the first H-1b or L-1 petition submitted by that employer, for that employee.

Employers who meet this criteria will have to pay an extra $2000 per H-1B petition, and an extra $2250 per L-1 petition. This is in addition to the base petition fee ($320), the anti-fraud fraud fee ($500), and for H-1B employers the ACWIA fee of either $750.00 for employers with fewer than 25 employees, or $1500 for employers with 25 or more employees. Then employers can choose to pay an extra $1000 fee for premium processing service, providing for the USCIS to adjudicate the petition (or at least act upon it) within 15 days of filing.

This latest filing fee increase was part of a new law (Public Law No. 111-230) providing for emergency supplemental appropriations for border security. The new law provides more money for border security personnel and infrastructure along our Southwest border. But picking on U.S. employers and multi-national companies with U.S. offices as a source for border security funding is ultimately a mistake that will just leave us with a weaker border. At some point it is no longer cost-effective for employers to pay up to $5320 per employee for a temporary job. So employers will not use the program, or simply cut back on hiring to avoid reaching the 50% threshold. Or worse, employers will just increase their outsourcing of these jobs. The result is less hiring in the U.S., and ultimately less revenue to fund border security.